The much-anticipated judgment in the legal dispute between former Benue State Governor, Senator Gabriel Suswam, and Senator Emmanuel Memga Udende over the All Progressives Congress (APC) senatorial ticket for Benue North-East was on Monday, October 12, 2026, delayed.
The reason being that the trial Judge, Honourable Justice Inyang Ekwo of the Federal High Court Six, directed parties to address him on the implications of the Supreme Court’s recent decision in INEC v. Zenith Labour Party, delivered on September 24, 2026, on the instant case before him.
In the said judgment, the Supreme Court restored sections 77 and 84(2) of the Electoral Act which the Court of Appeal had struck out. Section 77(5) provides that only members whose names appear on the party membership register submitted to the Independent National Electoral Commission (INEC) are eligible to vote and be voted for in party primaries, congresses and conventions. Section 84(2), on the other hand, provides for the nomination of candidates through direct primaries or consensus only.
Senator Suswam instituted an Originating summons before Justice Ekwo challenging his unlawful replacement after his victory in the APC’s Benue North-East senatorial primary. Even though the primary elections committee declared Sen. Suswam the winner of the Zone APC primary election, Udende was subsequently recognised as the party’s Candidate.
INEC had earlier told the court that the commission’s records showed Suswam emerged as the winner of the primary election polling the highest valid votes.
While Senator Suswam awaits the December 21st deadline for the court to deliver its judgment, it is worth noting that the Supreme Court judgment only makes Suswam’s complaints before the court better. This is so because the Supreme Court clearly spelled out that the direct and consensus mode of primaries is the only avenue for political parties to elect their candidates for elections and not what APC did after the primaries by replacing candidates.
Furthermore, even if a political party wishes to replace candidates there is a procedure set down to follow which is a handwritten letter and affidavit from the candidate stating that he has no interest in going ahead with the election.
